Child Custody Lawyer
Child Custody disputes can be terribly painful for parents and children alike. Although there was a time when custody of minor children was automatically given to the mother, that has changed.
Deciding on the best custody arrangement for children is complicated and requires an in-depth analysis of the relationships among family members. Finding the right child custody lawyer is the first step to getting through your divorce and on with your life. It’ll be a stressful situation, but you can at least rest easy knowing you have a qualified professional child custody lawyers like us fighting for you and your children.
Our Delhi based law firm offer you the best divorce lawyers to help you navigate this complicated process of Child custody.
At Divorce Lawyers in Delhi, we are passionately concerned with making the divorce process as easy for the children as possible. Our experienced Child Custody Lawyers will help you determine the best solution for your unique family situation, with the best interests of your children in mind.
To learn more about how we can help you resolve issues related to family matters like Divorce, Child custody, Visitation – simply fill the contact form or give a call at 9654-355-275 or directly write to us at firstname.lastname@example.org for free consultation.
Who gets a Child Custody?
The mother and father both have an equal right to the custody of a child. Who gets the custody of the child, is a question which the court decides upon.
The Indian Law, while keeping in mind the parents’ right to the custody of a child, holds the welfare of the child as the most important factor of consideration when deciding upon who gets the custody of a minor child.
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We know you need support and we are here to help! Our team of skilled and professionals lawyers have helped thousands of customers secure their rights and we can do the same for you.
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Section 26 of Hindu Marriage Act 1955
It deals with the maintenance, education and caring of child and validates the child’s custody if and only if both the parents follow Hindu religion. Under this act, the court can any point of time pass interim orders, judgments, amendments, etc… with respect to the child’s maintenance and can dispose of the pending decree within 60 days from the date of service of notice.
Types of Child Custody
Physical custody when awarded to a parent, implies that the minor will be under the guardianship of that parent with visitation and periodical interaction with the other parent. The aim behind such a custody award is that the child lives in a safe and fulfilling environment but is also not deprived of the affection of the other parent during his formative years.
Joint custody of a child does not mean that the parents will both live together because of the child even though that what Indian courts believe is best for the welfare of a minor. The rotation of a child between the parents’ custody may vary from certain days or a week or even a month. This not only benefits the child as the affection of both the parents is not lost & the parents also get to be a part of their child’s life
Legal custody of a child basically means that the parent granted legal custody takes every decision for the child. From where will the child study and what doctor will the child be treated by is part of legal custody. In most instances, courts grant legal custody to both parents together but if the divorce is messy and the parents are, apparently, never going to agree with each other, the court grants the legal custody of the child to one parent.
Frequently Asked Questions
What does Mutual consent Divorce means?
It means that when both husband and wife have amicably decided that they cannot live together anymore, then they can get legally separated by obtaining a decree of divorce without putting forth any allegations against each other, in the court of law. The parties should have settled all the disputes between them on their own.
Who should file for Mutual consent Divorce in Delhi?
It’s never easy to make a decision that you want to file for a divorce. If you feel that your marriage has come to its natural end and you have exhausted all of your efforts to make it work, you can think of filing for Mutual Consent Divorce. Our divorce law firm helps you in making such an important decision of life, we come into picture only when the parties have already decided to dissolve the marriage amicably by their own free will.
What are the conditions for Mutual consent Divorce?
Section 13B of the Hindu marriage Act 1955 and Section 28 of the Special marriage Act, 1954 provide for divorce by mutual consent on the below mentioned conditions:
- That they (husband and wife) have been living separately for a period of one year or more, and
- That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
Section 10 A of the Divorce Act 1869 (applicable to Christians) provide for divorce by mutual consent on the below mentioned conditions:
1. That they (husband and wife) have been living separately for a period of two years or more, and
2. That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
How many times do I need to appear in front of Family Judge?
Typically both parties need to appear in front of Family Judge once for each motion (two times for the entire process); however, if Judges feel appropriate, they can call the parties again depending on the facts and circumstances of each case.
Is it mandatory to wait for 6 months before filing Second Motion?
A couple married under Hindu Marriage Act or Special Marriage Act or Divorce Act, may not need to wait six months for a separation order in the case of mutual consent as the Supreme Court on 12th September, 2017 held that the “cooling off” period in not mandatory and can be waived off. However, the discretion to waive off the period lies with the Honorable judge of the concerned Family court.
In which Family Court we can apply for Divorce?
Section 19. of HMA says (Court to which petition shall be presented):
Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction –
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.